Structure and Composition

 

Joseph Kipchirchir Boinett, 2nd Inspector-General of the NPS

 

 

 

Although during the constitution making process there were repeated calls to scrap "Polisi wa Chief" (Kiswahili for the 'Chief's Police') who were known formally as the Administration Police, the new National Police Service retained this policing arm that had traditionally been under the direct control of the Provincial Administration, PA.

243. (1) There is established the National Police Service.
(2) The National Police Service consists of— (a) the Kenya Police Service; and (b) the Administration Police Service.

The two Police Services however, will be under one command - that of an Inspector-General with two deputies. Excerpts from Article 245:

245. (1) There is established the office of the Inspector-General of the National Police Service.
(3) The Kenya Police Service and the Administration Police Service shall each be headed by a Deputy Inspector-General .........

A new Inspector-General will be appointed every 4 years, perhaps a reflection of the urgent need to reform the Police by making frequent changes at the very top. Clause (6):

(6) The Inspector-General shall be appointed for a single four-year term, and is not eligible for re-appointment.

The first IG was appointed in December 2012 and was therefore to serve until December 2016. He left office two years early on the 2nd of December 2014 when he 'retired' after repeated and widespread calls for his removal following frequent massacres of scores of innocent people in the hands of Islamic terrorists in urban areas particularly in Nairobi and Mombasa, in Counties at the Coast, and in the north and north-eastern parts of the country; as well as killings in numerous deadly attacks and counter-attacks by ethnic bandits within the pastoralist northern Rift Valley Counties.

The second Inspector General of Police was sworn in on the 11th of March 2015 for a 4-year term effective from the 4th of March, after approval by both the National Assembly and the Senate. To vet the President's nominee, the two Houses of Parliament had formed a joint committee drawn from the Senate's Committee on National Security and Foreign Relations, and the Committee on Administration and National Security of the National Assembly:

245. (2) The Inspector-General––(a) is appointed by the President with the approval of Parliament; .......

The National Police Service Commission may be allowed by future legislation to establish additional and autonomous Police Services; perhaps to contain new security threats such as terrorism and cyber crime as well as specialist units to tackle financial fraud and drug trafficking, etc:

247. Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service.

The new National Police Service must not only recruit fairly and professionally, it must do so within the New Constitution's framework of affirmative action to all the regions of Kenya. Its rank and file must reflect the face of Kenya:

238. ....... (d) recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable proportions.

Further to this, and when one recalls that the Constitution of Kenya 2010 is an affirmative constitution, the National Police Service Act, 2011 stipulates in its article 14 (b) " ....... that at all times one of the three positions of the Inspector-General and the two Deputy Inspector-Generals is of opposite gender." 

 

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